Arrestable Offenses / Crimes under Fla. Stat. 918.13
S918.13 1a - OBSTRUCTING JUSTICE - TAMPER EVIDENCE IN CAPITAL FEL CRIM PROCEEDING - F: S
S918.13 1a - EVIDENCE-DESTROYING - RENUMBERED. SEE REC # 9577 - F: T
S918.13 1b - OBSTRUCTING JUSTICE - RENUMBERED. SEE REC # 9579 - F: T
CopyCited 25 times | Published | Supreme Court of Florida | 1995 WL 610812
...es v. State,
634 So.2d 1153 (Fla. 4th DCA), review denied,
645 So.2d 452 (Fla. 1994). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. Jennings was charged with tampering with physical evidence in violation of section
918.13, Florida Statutes (1993). [1] Section
918.13 provides, in pertinent part: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pendi...
...The trial court granted Jennings' motion, concluding that "the act of swallowing suspect cocaine rocks, does not rise to the level of conduct which constitutes concealment, removal, destruction, or alteration of something for the purpose of impairing it's [sic] availability for trial under Florida Statute
918.13." The district court of appeal affirmed on different grounds, concluding that Jennings "did not tamper with evidence because he was neither under arrest nor did he know that a law enforcement officer was about to instigate an investigation." Jennings,
647 So.2d at 295....
...*133 Relying on Boice v. State,
560 So.2d 1383 (Fla. 2d DCA 1990), and its progeny, the trial court concluded that swallowing alleged contraband in the presence of officers does not constitute altering, destroying, concealing, or removing a "thing" within the meaning of section
918.13....
...State,
590 So.2d 982, 983 (Fla. 1st DCA 1991), and Thomas v. State,
581 So.2d 993, 994 (Fla. 2d DCA 1991), the courts relied on Boice for the proposition that tossing evidence away in the presence of a law enforcement officer does not constitute tampering under section
918.13....
...An affirmative act of throwing evidence away constitutes more than mere abandonment. We conclude that the trial court's ruling is rooted in an overly broad reading of Boice and find that swallowing an object clearly constitutes altering, destroying, concealing, or removing a "thing" within the meaning of section 918.13....
...If there is any evidence *134 upon which a jury of reasonable men could convict, the court should deny the motion." Id. at 637 (quoting State v. McCray,
387 So.2d 559, 561 (Fla. 2d DCA 1980)) (citations and footnote omitted). Reasonable persons could differ as to whether Jennings possessed the requisite knowledge under section
918.13....
...[3] The objects Jennings swallowed were never recovered. Consequently, aside from the officer's observations, there is no proof that the objects Jennings swallowed were cocaine rocks. However, it is immaterial whether the objects he swallowed were, in fact, contraband. Section 918.13 proscribes the altering, destroying, concealing or removing of "any record, document, or thing." (Emphasis added.) Jennings can be found guilty of tampering under section 918.13 if a trier of fact finds that Jennings knew an investigation was about to begin and destroyed objects which he knew were the focus of the impending investigation.
CopyCited 25 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 19264
...by contradictory statements in violation of Florida Statues §§
837.02 and
837.021, (3) tampering with witnesses *1259 in violation of Florida Statutes §
914.22, (4) tampering with or fabricating physical evidence in violation of Florida Statutes §
918.13, (5) mail and wire fraud in violation of 18 U.S.C....
...ement in Fred Henry's Petals of Paradise and KHD, Ltd., in which three out of the ten alleged predicate acts occurred. (Corrigenda at Exh. 5 ¶¶ 23, 25, 28, alleging violations of *1266 Fla Stats. §§
817.034(4)(a) and (b),
837.02 and
837.021, and
918.13, respectively)....
CopyCited 24 times | Published | Florida 2nd District Court of Appeal | 1990 WL 60896
...The officer who retrieved the bag stated that he just looked on the ground and located the bag. There is no evidence that the cocaine had been altered or destroyed. After receiving his Miranda warnings, the defendant admitted that he had purchased the cocaine for his personal use. Section 918.13, Florida Statutes (1987), states: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is...
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 1994 WL 138404
...Gen., Tallahassee, and Ettie Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. We affirm appellant's convictions and reject appellant's claim that the proof was insufficient to sustain his conviction for tampering with evidence under section 918.13, Florida Statutes (1993)....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 1994 WL 390761
...Accordingly, we hold that the trial court properly submitted the two drug offenses to the jury. *1185 III. TAMPERING WITH THE EVIDENCE Chapter 918, Florida Statutes, governs the "Conduct of Trial." Despite the general subject matter of the chapter, section 918.13(1), Florida Statutes (1991), states: No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is p...
...ailability in such proceeding or investigation; or (b) Make, present, or use any record, document, or thing, knowing it to be false. Thus, this statute criminalizes conduct that occurs long before a trial. In recent years, the state has begun to use section 918.13 to prosecute a person for concealing or destroying drugs during an arrest occurring on streets and in other public places....
...Rodriguez v. State,
559 So.2d 678 (Fla. 3d DCA 1990) (implying that such polling before an Allen instruction may be per se reversible error). Reversed and remanded. SCHOONOVER, A.C.J., and BLUE, J., concur. NOTES [1] §
893.13(1)(e), Fla. Stat. (1991); §
918.13, Fla....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit
...Solow became upset at the prospect of losing the towing job, but unloaded the vehicle when Deputy Campbell directed him to do so. Subsequently, Deputy Campbell completed an affidavit seeking Solow's arrest. The warrant issued and Solow was arrested on a charge of tampering with evidence in violation of Fla.Stat. section 918.13....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1994 WL 51871
...One of the officers observed white foam both inside and outside defendant's mouth which was consistent with consumption of *277 cocaine, but they could not recover any of the substance. Defendant was convicted of tampering with evidence, a third degree felony under section 918.13(1)(a), Florida Statutes (1991), which provided: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of...
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 2005 WL 845775
...on Thursday, April 25, and discovered the vehicle missing at about 6:15 that same morning. On May 28, 2002, the state filed an information against the defendant charging him with insurance fraud in violation of *1178 section
817.234(1); [1] tampering with physical evidence in violation of section
918.13(1)(a) [2] and official misconduct in violation of section 839.25, [3] Florida Statutes....
...The trial court granted the motion and dismissed the insurance fraud charge. The State then filed a second Amended Information, charging the defendant with: Count 1 False Report of Commission of a Crime in violation of section
817.49; [4] Count 2 and Count 3 Fabricating Physical Evidence in violation of section
918.13(1)(b); [5] and Count 4 Official Misconduct in violation of Florida Statute 839.25....
...or the issuance of, or the rating of, any insurance policy, or who conceals information concerning any fact material to such application commits a felony of the third degree, punishable as provided in Sec.
775.082, Sec.
775.083, or Sec.
775.084. [2] Section
918.13 provides: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to b...
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2003 WL 202253
...In considering the motion, "the State is entitled to the most favorable construction of the evidence, and all inferences should be resolved against the defendant." Id. The standard of review for a trial court order regarding a motion to dismiss is de novo. Id. Section 918.13, Florida Statutes (2000), states in pertinent part: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee...
CopyCited 11 times | Published | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 25965
..., aided and abetted the concealment of criminal conduct, aided and abetted the furtherance of the criminal conduct, failed to report the criminal conduct of Defendant FANTI-GRASSI and other deputies, and, in violation of 18 U.S.C. § 1512 (3)(b) and §
918.13 and §
914.22, Florida Statutes, withheld, concealed and/or destroyed evidence and records pertaining to said illegal conduct against Plaintiff and others, obstructed justice, obstructed a criminal investigation, evaded criminal and/or civi...
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2 Media L. Rep. (BNA) 1240
...pe recordings of conversations for the purpose of impairing their availability in an investigation into the death of James O'Neill by the Lee County Sheriff's Department. The statute which the News-Press was charged with violating reads as follows: "918.13 Tampering with or fabricating physical evidence....
...From evidence we took from several of the people it was the News-Press's policy not to try to file and keep tape recordings, and that they were reused as a policy. That's basically all I know of why they reused them." These statements were pertinent to the prosecution of this case because the gravamen of Section 918.13, Florida Statutes, is the destruction of evidence with the purpose of impairing its availability in a law enforcement investigation....
...investigation. Of course, the mere fact that a person was following a standard policy would not necessarily be a defense to a charge of destruction of evidence. If he had the knowledge of a criminal trial, proceeding or investigation as set forth in Section 918.13, Florida Statutes, and the knowledge that the materials destroyed were likely to be evidence, then that person might have the required purpose to impair their availability solely by knowing that his act would have that result....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 16 Fla. L. Weekly Fed. D 1714
...r when being stopped by police would commit both the second-degree misdemeanor of possession of alcoholic beverages, [2] and the third-degree felony of tampering with evidence. We do not think that is what was intended by the legislature in enacting section 918.13....
...We reverse his conviction for resisting arrest without violence and remand for a new trial. We do not reach the appellant's sentencing guidelines issue in light of our decision in this appeal. Reversed and remanded. SCHOONOVER, C.J., and PARKER, J., concur. NOTES [1] Section 918.13, Florida Statutes (1987): (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending...
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1991 WL 259449
...Public Defender, Tallahassee, for appellant. Robert A. Butterworth, Atty. Gen., and Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee. JOANOS, Chief Judge. Robert Lee Jones has appealed from his conviction of tampering with evidence, contrary to section 918.13(1)(a), Florida Statutes (1989)....
...The officer ordered Jones to hand the paper to him, and Jones stuffed his hand in his pocket. The officer grabbed his arm, and the two tumbled into some bushes. No brown paper or drugs were thereafter found, either on the ground or on Jones' person. Jones was subsequently charged with tampering with evidence, contrary to section 918.13(1)(a)....
...judgment of acquittal entered. In Boice, the defendant tossed cocaine out of his car window when police moved in to arrest him; the cocaine was recovered. The court held that this act was not intended by the legislature to constitute tampering under section 918.13....
...The facts of this case are indistinguishable from those set forth in Thomas. An officer approached Jones to obtain what *984 appeared to be cocaine. Jones immediately put his hand in his pocket, but the act of keeping the drug on his person cannot be said to "impair its availability for trial." § 918.13, Fla. Stat. (1989). The two then fell to the ground, and no drugs could thereafter be found. Assuming that Jones tossed away cocaine during the fall, under Boice and Thomas, this conduct does not rise to the level contemplated by section 918.13....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2004 WL 895856
...t holding in Gray. Accordingly, I would not recede from our opinions in Mateo,
757 So.2d 1229, and Wilburn,
840 So.2d 384, but rather, I would grant Mr. Chambers the relief he has requested. NOTES [1] §§
775.087(c),
784.021, Fla. Stat. (2002). [2] §
918.13, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Jim Smith, Atty. Gen., Tallahassee, and Mark C. Menser, Asst. Atty. Gen., Daytona Beach, for appellee. DAUKSCH, Judge. This is an appeal from a judgment of conviction and sentence of three years in prison for the crime of tampering with evidence, in violation of section 918.13, Florida Statutes....
...t, and thus the magistrate could decide that the tape eraser had not been done away with and was still in the office. Given all the facts and circumstances, we affirm the order denying the suppression. We likewise reject appellant's contentions that section 918.13, Florida Statutes is unconstitutionally vague and overly broad....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 864206
...5th DCA 1983). AFFIRMED in part; REVERSED in part; REMANDED for Resentencing. DAUKSCH and PLEUS, JJ., concur. NOTES [1] §§
784.03,
784.07(2)(b), Fla.Stat. (1997). [2] §
843.01, Fla.Stat. (1997). [3] §§
784.011,
784.07(2), Fla.Stat. (1997). [4] §
918.13(1)(a), Fla.Stat....
...by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. [7] Tampering with evidence is prohibited by section 918.13(1)(a), as follows: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is a...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2009 WL 78024
...The trial court which granted Jennings' motion concluded that "the act of swallowing suspect cocaine rocks, does not rise to the level of conduct which constitutes concealment, removal, destruction, or alteration of something for the purpose of impairing its availability for trial under Florida Statute 918.13." Id....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2006 WL 1896711
...After retrieving the pill container, the officer found six pieces of cocaine rock and the cap to the container between the grass and the sidewalk, where the officer had seen appellant drop them while riding his bicycle. Tampering with evidence is defined in section 918.13(1), Florida Statutes (2004) as follows: *39 No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this sta...
...An affirmative act of throwing evidence away constitutes more than mere abandonment. We conclude that the trial court's ruling is rooted in an overly broad reading of Boice and find that swallowing an object clearly constitutes altering, destroying, concealing, or removing a "thing" within the meaning of section 918.13....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1097953
...sible sentence under the guidelines exceeds the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(4)(b);
921.0024(2). ___ Not Guilty NOTES [1] Mr. Chambers was also charged with tampering with evidence in violation of section
918.13, Florida Statute (2002), but that crime is unrelated to the issue presented in this decision....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1251968
...Although this reluctance is understandable, it is hardly fair. [8] Our concern on this issue goes beyond the obvious and willful discovery violation, and addresses the question of whether defense counsel actually violated the law by suppressing critical evidence from law enforcement. Section 918.13(1), Florida Statutes (1995), entitled "Tampering with or fabricating physical evidence" reads, in pertinent part, as follows: No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2009 WL 5125170
...At the driver's direction, E.I. threw the package out the truck window. E.I. made no statements about his intent in throwing the package. E.I. was not charged with possession of the methamphetamine; instead, he was charged with attempted tampering with evidence pursuant to section
918.13, Florida Statutes (2008), and section
777.04(1), Florida Statutes (2008). Section
918.13 provides, in pertinent part: *627 (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 492587
...[1] Our conclusion is that Hernandez is entitled to an evidentiary hearing for the reasons that follow. *51 Hernandez was a City of Miami commissioner when he was charged by an information with one felony count of fabricating physical evidence, in violation of section
918.13(1)(b), Florida Statutes (1997); one misdemeanor count of conspiracy to fabricate physical evidence, in violation of section
918.13(1)(b) and section
777.04, Florida Statutes (1997); and one misdemeanor count of accessory after the fact, in violation of section
777.03, Florida Statutes (1997), all charges relating to an election in the City of Miami....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 2918, 2010 WL 785926
...Where the defendant's motion fails to show the absence of any material factual dispute, the motion is legally insufficient and must be denied. State v. Covington,
973 So.2d 481, 482 (Fla. 3d DCA 2007). The State appeals the dismissal of the charge of destruction of evidence. Section
918.13, Florida Statutes (2008), states that: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this stat...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 21749512
...Although the deputy did not mention it, A.F. and the driver added that Kohl initially ordered the two out of the car after seeing a "cigar" inside. At trial, a motion for judgment of acquittal was granted as to a possession charge, but denied as to tampering. Section 918.13(1)(a), Florida Statutes (2003), states, in pertinent part: (1) No person, knowing that a criminal......
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2000 WL 201484
...Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee. SHAHOOD, J. Appellant, C.K., seeks review of the Delinquency Disposition Order adjudicating him guilty, of violating section 918.13(1)(a), Florida Statutes, tampering with or fabricating physical evidence....
...On appeal, C.K. argues that he is entitled to a judgment of acquittal because the state failed to prove (1) that he had knowledge that an investigation was about to take place, and (2)that he altered, destroyed, concealed, or removed anything. We agree. Section 918.13(1)(a), Florida Statutes (1997) states in pertinent part, (1) No person, knowing that a criminal......
...When the officer shouted, "police!", Jennings put the alleged cocaine rocks into his mouth and swallowed them; they were never recovered. Id. In analyzing whether the state had proved that Jennings had tampered with physical evidence in violation of section 918.13, the supreme court held that "swallowing an object clearly constitutes altering, destroying, concealing or removing a `thing' within the meaning of section 918.13." Id....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1996 WL 691707
...sentence was permissible in this case. Defendant-appellant Baldwin was convicted on count one of possession of cocaine in violation of section
893.13, Florida Statutes (1993). On count two he was convicted of tampering with evidence in violation of section
918.13, Florida Statutes (1993)....
...ation of section
893.13, Florida Statutes, for sale [rather than purchase or possession] of cocaine). In the present case, defendant's conviction on count two is not under section
893.13, Florida Statutes, but instead is under the tampering statute, section
918.13, Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 5191738
...Rollo, P.A., Pensacola, for Appellant. Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant was charged by a one-count information with tampering with evidence in violation of section 918.13(1)(a), Florida Statutes (2007)....
...at ... an investigation by a... law enforcement agency ... is pending or is about to be instituted," (2) appellant "destroy[ed], conceal[ed], or remove[ed] any ... thing with the purpose to impair its ... availability in such ... investigation." See § 918.13(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4182708
...l evidence. In his motion for judgment of acquittal, Morris argued that the State failed to establish a prima facie case of tampering with physical evidence, because there was no testimony that he had altered, removed, or tampered with any evidence. Section 918.13(1)(a), Florida Statutes (2006), provides that a person commits the offense of tampering with physical evidence when they "[a]lter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or avai...
CopyCited 2 times | Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22425
ROBERT P. SMITH, Jr., Judge. McNeil appeals from his convictions, after a jury trial, for grand theft, sec. 812.-014(2)(b)l, Fla.Stat. (1981), and tampering with evidence, sec. 918.13(l)(a), Fla.Stat....
...While Jones *962 was out, Officer Winterman, who was watching McNeil, saw him throw something in the trash can. That something turned out to be the signed rights waiver form, torn into pieces. That act of shredding the form is the basis for charging that McNeil violated section 918.13(l)(a), Florida Statutes (1981): No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting attorney (or) law enforcement agency ......
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 1517429
...2d DCA 1990), to the extent those decisions conflict with our decision therein. Id. at 134. Accordingly, the trial court's order granting Harper's motion to dismiss is reversed *709 and this matter is remanded for further proceedings. REVERSED and REMANDED. THOMPSON, C.J., and ORFINGER, R.B., J., concur. NOTES [1] § 918.13(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...9.140(c)(1)(B). As
explained below, the trial court erred in granting the motion. Accordingly, we reverse.
I. Procedural and Factual Background
The State charged Mr. Zachery with tampering with physical evidence.
See § 918.13, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 9769, 2009 WL 2067691
...on the face of the record, and it would be a waste of judicial resources to require the trial court to address the issue. Sims v. State,
998 So.2d 494 (Fla.2008). Defendant's convictions are hereby REVERSED. ORFINGER and COHEN JJ., concur. NOTES [1] §
918.13(1)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2008 WL 397454
...by fire or explosion, damages or causes to be damaged any structure, whether the property of himself, or herself, or another, . . . is guilty of arson in the second degree. . . . (3) As used in this chapter, `structure' means any building of any kind . . . any vehicle. . . . §
806.01, Fla. Stat. (2006). [2] §
918.13 Tampering with or Fabricating Physical Evidence....
...y or legislative committee of this state is pending or is about to be instituted, shall: (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation. § 918.13, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 20368
...At the driver’s direction, E.I. threw the package out the truck window. E.I. made no statements about his intent in throwing the package. E.I. was not charged with possession of the methamphetamine; instead, he was charged with attempted tampering with evidence pursuant to section
918.13, Florida Statutes (2008), and section
777.04(1), Florida Statutes (2008). Section
918.13 provides, in pertinent part: *627 (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is...
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 707460
...Deputy Campbell directed him to do so. Subsequently, Deputy
Campbell completed an affidavit seeking Solow's arrest. The
warrant issued and Solow was arrested on a charge of tampering with
evidence in violation of Fla.Stat. section 918.13....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1993 WL 523768
...Gen., Tallahassee, and Dale E. Tarpley, Asst. Atty. Gen., Tampa, for appellee. THREADGILL, Judge. The appellant challenges his conviction and sentence for tampering with physical evidence on the ground that his actions did not constitute tampering within the meaning of section 918.13, Florida Statutes (1989)....
...When the officer advised the appellant that he was under arrest, a struggle ensued and the officer lost his grip on the tube. The appellant grabbed the tube and threw it across the street. The tube and its contents, which tested positive for cocaine, were later retrieved by the officers. Section 918.13 states: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this state is pending or is about to be...
...2d DCA 1990), this court held that a defendant's act of tossing contraband away from his person while in the presence of arresting officers did not constitute a concealment or removal of the evidence for the purpose of impairing its availability for criminal trial, as contemplated by the legislature in section 918.13....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1994 WL 697398
...*295 Bennett H. Brummer, Public Defender, and Louis Campbell, Asst. Public Defender, for appellee. Before BASKIN, JORGENSON and GERSTEN, JJ. PER CURIAM. The State appeals the dismissal of a charge of tampering with physical evidence in violation of section 918.13, Florida Statutes (1993)....
...When the officer shouted "police," the defendant put the alleged cocaine rocks into his mouth and swallowed. The defendant was then arrested but the objects he swallowed were never recovered. The trial court found the facts were insufficient to establish that the defendant's conduct violated section 918.13. That section provides: 918.13....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2013 WL 4436557, 2013 Fla. App. LEXIS 13045
...y constituted prosecuting authority or law enforcement agency of this state was pending”; and (2) that Jones “destroyed, concealed, or removed a handgun with the purpose to impair its availability in the trial proceeding of investigation.” See § 918.13, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 439890
...NIC VIDEO-PHOTOGRAPHY OF THE JURORS WITHOUT COMPLYING WITH THE STANDARD SET FORTH IN POST-NEWSWEEK STATIONS FOR THE EXCLUSION OF SUCH MEDIA COVERAGE?" GODERICH, J., concurs. NOTES [1] The charges are (1) fabricating physical evidence in violation of section
918.13, Florida Statutes; (2) conspiracy to do same; and (3) acting as an accessory after the fact in violation of section
777.03, Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 7672, 2010 WL 2131772
...y or availability. He asserts that while the act of throwing the alleged contraband out of the truck window amounted to abandonment, it did not amount to tampering with physical evidence because the substance was not altered and was not concealed. 1 Section 918.13, Florida Statutes (2007), entitled “Tampering with or fabricating physical evidence,” provides in pertinent part: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting auth...
...Jennings,
666 So.2d 131, 133 (Fla.1995), the Florida Supreme Court concluded that courts in Florida were applying overbroadly the decision in Boxee. The court concluded that swallowing an object constitutes altering, destroying, concealing, or removing a “thing” within the meaning of section
918.13, Florida Statutes....
...State,
590 So.2d 982, 983 (Fla. 1st DCA 1991), and Thomas v. State,
581 So.2d 993, 994 (Fla. 2d DCA 1991), the courts relied on Boxee for the proposition that tossing evidence away in the presence of a law enforcement officer does not constitute tampering under section
918.13....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 2232316, 2013 Fla. App. LEXIS 8219
...ars. Further, it fails to indicate the date of sentencing. The scoresheet should be corrected to reflect that the sentencing judge was Charles W. Dodson; the primary offense date was June 10, 2006; the statute for tampering with physical evidence is section 918.13, Florida Statutes; the maximum sentence allowable and total sentence imposed was twenty years; and the date of sentencing was March 1, 2012....
CopyCited 1 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099
...conviction3 Landrum faced at least a term-of-years sentence ranging from 22.3
years to life imprisonment without the possibility of parole.4 A sentencing judge
3. Landrum was also convicted of the offense of tampering with physical
evidence. See § 918.13, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19604, 2014 WL 6775251
...Noble,
Assistant Attorney General, West Palm Beach, for appellee.
GROSS, J.
Appellant was a detective at the Broward Sheriff’s Office. Following a
jury trial, he was acquitted of two charges and convicted of evidence
tampering. We reverse the tampering conviction because the State failed
to establish a violation of section 918.13, Florida Statutes (2013).
The evidence tampering charge arose from appellant’s deletion of a
video from his work cellular phone....
...Both versions of the video were played for the jury.
Both at the conclusion of the State’s case and after the defense rested,
appellant moved for a judgment of acquittal on the evidence tampering
count. After the jury verdict, he filed post-trial motions directed at the
evidence tampering conviction.
Section 918.13, Florida Statutes (2013), provides in pertinent part:
(1) No person, knowing that a criminal trial or proceeding or
an investigation by a duly constituted prosecuting authority,
law enforcement agency, grand jury or...
...Appellant takes issue
with the second element—that he intentionally deleted the video from his
phone with the purpose to impair its availability for the investigation.
We have held that a defendant’s equivocal conduct toward evidence is
insufficient to demonstrate the intent necessary for a section 918.13
violation; merely discarding evidence from one’s person, without more,
does not amount to a violation of the statute....
...destroys potential evidence, such as swallowing an object. See State v.
Jennings,
666 So. 2d 131, 133 (Fla. 1995); McKenzie v. State,
632 So. 2d
276, 277 (Fla. 4th DCA 1994) (holding that “swallowing a substance”
demonstrates the necessary intent to amount to a violation of section
918.13, just like “flushing it down a toilet”).
In this case, after appellant recorded the video on his cell phone, he
showed it to his supervisor, texted it to Koepke, and e-mailed it to an
attorney for the Police Benevolent Association....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 1696721
...*1131 Bill McCollum, Attorney General, Jennifer J. Moore, Assistant Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Appellee. BENTON, J. We reverse Renardo Knight's conviction for tampering with physical evidence in violation of section 918.13, Florida Statutes (2006)....
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 11334
...Although this reluctance is understandable, it is hardly fair. . Our concern on this issue goes beyond the obvious and willful discovery violation, and addresses the question of whether defense counsel actually violated the law by suppressing critical evidence from law enforcement. Section 918.13(1), Florida Statutes (1995), entitled "Tampering with or fabricating physical evidence” reads, in pertinent part, as follows: No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecutin...
CopyPublished | Supreme Court of Florida | 1986 Fla. LEXIS 2612, 11 Fla. L. Weekly 466
PER CURIAM. The Florida Bar brought this disciplinary action against Edmund A. Adamo, a member of the Florida Bar, for tampering with evidence, a third-degree felony, in violation of section 918.13(l)(a), Florida Statutes (1983)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21696
BERANEK, Judge. After a non-jury trial, Rader was convicted of the third degree felony of tampering with physical evidence in violation of Section 918.13, Florida Statutes (1981)....
...After more than a month of requests from the police for the money, Rader was charged with tampering with evidence. We find that the evidence adduced at trial was simply insufficient to support a guilty verdict. The appellant was charged with violating Section 918.13, Florida Statutes (1972), which provides: 918.13 Tampering with or fabricating physical evidence (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative committee of this sta...
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 546, 1985 Fla. LEXIS 3795
...No petition for review pursuant to article XI, Rule 11.09(1) of the Integration Rule of The Florida Bar has been filed. Having considered the pleadings and evidence, the referee found as follows: Respondent was charged in an information on October 29, 1981 with Tampering with Evidence, a third degree felony pursuant to Section 918.13, Florida Statutes, in the case of State of Florida v....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 10914, 20 Fla. L. Weekly Fed. D 2351
...of a written revocation order and for correction of several clerical errors contained in the written judgment and sentencing guidelines scoresheet. Appellant was charged in Count II with attempted tampering with evidence, a third-degree felony under section 918.13, Florida Statutes (1993)....
CopyPublished | Florida 4th District Court of Appeal
...3d 531 (Fla.
6th DCA 2023), rev. granted, No. SC2023-1184 (Fla. Apr. 25, 2024).
However, we reverse the defendant’s tampering with physical evidence
conviction, because the state’s insufficient evidence to prove that crime
constituted fundamental error.
Section 918.13, Florida Statutes (2018), entitled “Tampering with or
fabricating physical evidence,” pertinently provides:
(1) No person, knowing that a criminal trial or proceeding or
an investigation by a duly constituted prosecuti...
...of this state is pending or is about to be instituted, shall:
(a) Alter, destroy, conceal, or remove any record, document,
or thing with the purpose to impair its verity or availability in
such proceeding or investigation ….
§ 918.13(1)(a), Fla....
...corpus delicti of another crime.”).
We conclude that it was not. The crime of evidence
tampering is a specific intent crime. McNeil v. State,
438 So.
2d 960, 962 (Fla. 1st DCA 1983). As such, because the
language of the applicable version of section
918.13(1)(a)
required that removal of a thing be done “with the purpose to
impair its verity or availability,” the requisite intent cannot be
inferred from commission of the physical act component of the
offense, i.e., removal of the gun from the scene....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 1555096, 2012 Fla. App. LEXIS 7003
PALMER, J. Daryl Mingo appeals his conviction and sentence entered on a charge of tampering with evidence, section 918.13, Florida Statutes (2010)....
CopyPublished | Florida 2nd District Court of Appeal
and tampering with evidence in violation of section
918.13, Florida Statutes (2022). Chang pleaded no
CopyPublished | Florida 5th District Court of Appeal
...without
further discussion.
We write, however, to address Pender’s separate conviction at trial for
tampering with evidence—specifically, the firearm that he used to shoot the
victim. The crime of tampering with evidence is codified at section 918.13,
Florida Statutes (2019)....
...2
(a) Alter, destroy, conceal, or remove any record,
document, or thing with the purpose to impair its
verity or availability in such proceeding or
investigation.
§ 918.13(1)(a), Fla....
...The trial court denied Pender’s motion in limine by unelaborated written
order. Pender’s later “corpus delicti” objections at trial to the admissibility of
his confession were overruled.
ANALYSIS
Under the 2019 version of section 918.13(1)(a), to commit the crime of
tampering with evidence, a defendant must either “alter,” “destroy,”
“conceal,” or “remove” a thing with the purpose of impairing its verity or
availability in a criminal proceeding or investigation....
...pus delicti of another crime.”).
We conclude that it was not. The crime of evidence tampering is a
specific intent crime. McNeil v. State,
438 So. 2d 960, 962 (Fla. 1st DCA
1983). As such, because the language of the applicable version of section
918.13(1)(a) required that removal of a thing be done “with the purpose to
impair its verity or availability,” the requisite intent cannot be inferred from
commission of the physical act component of the offense, i.e., removal of the
gun from the scene....
CopyPublished | Florida 2nd District Court of Appeal | 2016 WL 3201073, 2016 Fla. App. LEXIS 8937
...judgment and sentences following his
conviction in a bench trial for the offenses of leaving the scene of an accident with death
contrary to section
316.027, Florida Statutes (2009), a first-degree felony, and
tampering with evidence contrary to section
918.13, Florida Statutes (2009), a third-
degree felony....
CopyPublished | Florida 1st District Court of Appeal
...3d DCA 1996) (affirming HFO sentence for tampering with evidence
conviction because, even though evidence tampered with was cocaine, defendant’s
conviction “is not under section
893.13, Florida Statutes, but instead is under the
tampering statute, section
918.13, Florida Statutes”).
Because Hernandez was not sentenced as an HFO for an offense listed in
section
893.13, his sentence is not illegal and the trial court correctly denied his
rule 3.800(a) motion....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 11705
...Although the deputy did not mention it, A.F. and the driver added that Kohl initially ordered the two out of the car after seeing a “cigar” inside. At trial, a motion for judgment of acquittal was granted as to a possession charge, but denied as to tampering. Section 918.13(l)(a), Florida Statutes (2003), states, in pertinent part: (1) No person, knowing that a criminal ......
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 11078, 2015 WL 4463798
...at 803 (citations omitted).
According to the defendant, after viewing the evidence in the light most
favorable to the State, a rational trier of fact could not find beyond a
reasonable doubt the existence of the elements of tampering with evidence
as provided in section 918.13(1)(a), Florida Statutes (2012)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 11683, 2012 WL 2914033
...dible at a distance of 25 feet or more from the motor vehicle.... Following the stop, on March 9, 2011, Conley was charged with possession of cocaine, in violation of section
893.13(6)(a), Florida Statutes (2010); evidence tampering, in violation of section
918.13(l)(a), Florida Statutes (2010); possession of marijuana, in violation of section
893.13(6)(a) and (b); and obstruction of a law enforcement officer without violence, in violation of section
843.02, Florida Statutes (2010)....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 401, 2010 Fla. LEXIS 1049, 2010 WL 2606239
..."Knowingly" means with full knowledge and intentionally. "Willfully" means intentionally and purposely. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2010. 21.8 TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE § 918.13 Fla....
...ed], knowing it to be false. Lesser Included Offenses ---------------------------------------------------------------------- 21.5 [TAMPERING WITH] [FABRICATING] PHYSICAL EVIDENCE ---------------------------------------------------------------------- 918.13 ---------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 1690
SHAHOOD, J. Appellant, C.K., seeks review of the Delinquency Disposition Order adjudicating him guilty, of violating section 918.13(l)(a), Florida Statutes, tampering with or fabricating physical evidence....
...On appeal, C.K. argues that he is entitled to a judgment of acquittal because the state failed to prove (1) that he had knowledge that an investigation was about to take place, and (2)that he altered, destroyed, concealed, or removed anything. We agree. Section 918.13(l)(a), Florida Statutes (1997) states in pertinent part, (1) No person, knowing that a criminal ......
...When the officer shouted, “police!”, Jennings put the alleged cocaine rocks into his mouth and swallowed them; they were never recovered. Id. In analyzing whether the state had proved that Jennings had tampered with physical evidence in violation of section 918.13, the supreme court held that “swallowing an object clearly constitutes altering, destroying, concealing or removing a ‘thing’ within the meaning of section 918.13.” Id....
CopyPublished | Florida 4th District Court of Appeal
...Ct. App. 1992) (“Willful,
intentional destruction of evidence requires sanctions. Bad faith destruction of
evidence requires dismissal of the charges.” (citing Louissaint v. State,
576 So.
2d 316 (Fla. Dist. Ct. App. 1990))).
123 See FLA. STAT. §
918.13 (2014) (providing that it is a third-degree felony for
any “person, knowing that a criminal trial or proceeding or an investigation by a
duly constituted prosecuting authority, law enforcement agency, grand jury or
legislative committee of this state is pending or is about to be instituted, [to] ....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 20935, 2014 WL 7443031
...avorable to the State, was sufficient to establish that Sanchez acted with the intent to “alter, destroy, conceal, or remove” the crack cocaine rocks for the purpose of impairing the availability of this evidence in the police investigation. See § 918.13(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...rable
to the State, was sufficient to establish that Sanchez acted with the intent to “alter,
destroy, conceal, or remove” the crack cocaine rocks for the purpose of impairing
the availability of this evidence in the police investigation. See § 918.13(1)(a),
Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 20020, 2011 WL 6265412
...(quoting Allen,
335 So.2d at 825 ). Thus, to authorize the introduction of Reinlein’s admissions, the State had to establish with substantial evidence each element of the crime of tampering with physical evidence. Reinlein was charged with violating section
918.13(l)(a), Florida Statutes (2009), which provides as follows: (1) No person, knowing that a criminal trial or proceeding or an investigation by a duly constituted prosecuting authority, law enforcement agency, grand jury or legislative co...
...l: (a) Alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in such proceeding or investigation[.] We have found no cases that specifically deal with corpus delicti in the context of section 918.13....
...Major,
30 So.3d 608, 609 (Fla. 4th DCA 2010) (quoting C.K. v. State,
753 So.2d 617, 618 (Fla. 4th DCA 2000)). The supreme court has determined that “swallowing an object clearly constitutes altering, destroying, concealing, or removing a ‘thing’ within the meaning of section
918.13.” State v....
...The officer shouted “police” and Jennings then swallowed the alleged cocaine. Id. The officer’s observations were the only evidence that the objects Jennings swallowed were *856 cocaine rocks, but the statute did not require that the objects be contraband. Id. at 133 n. 3. Rather, Jennings could be found guilty under section 918.13 if a jury found “that Jennings knew an investigation was about to begin and destroyed objects which he knew were the focus of the impending investigation.” Id....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 13451, 2014 WL 4249756
...The State charged Appellant with: (1) second-degree felony murder (firearm) in violation of sections
782.04(3) and
777.011, Florida Statutes (2011); (2) robbery with a deadly weapon in violation of sections
812.13(2)(a) and
777.011, Florida Statutes (2011); and (3) tampering with physical evidence in violation of section
918.13, Florida Statutes (2011)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 9, 2022
...acy to tamper
USCA11 Case: 21-11255 Document: 34-1 Date Filed: 04/07/2023 Page: 7 of 45
21-11255 Opinion of the Court 7
with evidence under Fla. Stat. §§ 918.13 and 717.04(3)....
... USCA11 Case: 21-11255 Document: 34-1 Date Filed: 04/07/2023 Page: 27 of 45
21-11255 Opinion of the Court 27
Turner was arrested in violation of Fla. Stat. §§
918.13 25 and
777.04(3) 26 for tampering with evidence and conspiracy to do the
same....
...Cherokee. The affidavit omits this conversation, and instead relays
that Kvies and Griffis did not reveal that they had beer props or that
the beer props had been removed in their post-OIS interviews.
25 Fla. Stat. § 918.13 stated at the time of Turner’s arrest:
(1) No person, knowing that a criminal trial or proceeding or
an investigation by a duly constituted prosecuting authority,
law enforcement agency, gra...
...impair its verity or availability in such proceed-
ing or investigation; or
(b) Make, present, or use any record, docu-
ment, or thing, knowing it to be false.
Fla. Stat. § 918.13(1) (amended 2022 by 2022 Fla....
...While
not arrested, these past comparators make clear that evidence tam-
pering is not merely an offense in name that often goes overlooked.
See, e.g., State v. Jennings,
666 So. 2d 131 (Fla. 1995) (reviewing an
arrest under Fla. Stat. §
918.13 for evidence tampering); Costanzo
v....
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1718867, 2016 Fla. App. LEXIS 6565
WOLF, J. The State appeals an order dismissing one count of tampering with evidence pursuant to section 918.13, Florida Statutes (2014)....
...mple sent to the Florida Department of Law Enforcement crime lab came-back as “insufficient sample for identification.” Barnes argues these allegations were insufficient to establish a prima facie case of tampering with evidence as prohibited by section 918.13, which states that “[n]o personj knowing that .......
...an investigation by a ... law enforcement agency ... is *363 pending or is about to be instituted, shall: (a) Alter, destroy, conceal, or remove any ... thing with the purpose to impair its verity or availability in such proceeding or investigation .... ” § 918.13(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...substantial evidence for the jury to conclude from this telephone
conversation that Cruz intended to commit the crime of tampering with
physical evidence and that his wife agreed to do so. See §
777.04(3), Fla.
Stat. (2017) (defining the offense of criminal conspiracy); §
918.13(1)(a), Fla.
Stat....
